Monthly Archives: January 2014

New York Court of Appeals Decisions Updates – Issue 3

We recently published a new edition of New York Court of Appeals Decisions Updates.  Click here to read them online.

The “Lefkowitz” CPLR § 3101(a) “Trifecta”

On November 7-8, 2013, the Office of Court Administration posted three informative decisions by Justice Joan B. Lefkowitz, (Supreme Court, Westchester County) that addressed discovery disputes relating to non-party witnesses:

  • Giacinto v. Shapiro, 2013 NY Slip Op 32818(U) (February 13, 2013)
  • DiBenedetto v. Zboyan, 2013 NY Slip Op 32770(U) (August 26, 2013)
  • Calarco v. Netherland Gardens Owners, Inc., 2013 NY Slip Op 32836(U) (September 16, 2013)

Giacinto involved an action by Benito Giacinto, as Administrator of the estate of Lucia Giacinto, to recover damages for medical malpractice and wrongful death of his wife, Lucia.  The case involved an “application by defendants Michael Morelli, M.D. and Lawrence Hospital Center…for an order, pursuant to CPLR § 2308(b) compelling non-party witness Giovanna Sinno…to comply with the duly served subpoena and appear for her deposition or upon continued failure to appear for her deposition for a penalty as specified in CPLR § 2308(b).” Id at 1

The essence of the claim was “that defendants misdiagnosed the decedent’s medical condition and negligently prescribed a toxic combination of drugs resulting in toxicity, lactic acidosis and her death.”  Id at 1-2

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